Benally

United States v. Benally

Good Law
158 F. App'x 24
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-10492California245 words

Opinion

Lead Opinion

MEMORANDUM **

Reese Benally appeals his 37-month sentence imposed for assault and aiding and abetting assault with a dangerous weapon, in violation of 18 U.S.C. §§ 1153 , 113(a)(3), and 2.

Benall's attorney has.filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), on the ground that the appeal presents no arguable issues. Benally has not submitted a pro se supplemental brief. ,

Because our independent review of the record pursuant to Benson v. Ohio, 488 U.S. 75, 82-83 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), indicates that Benally knowingly and voluntarily waived his right to appeal and was sentenced within the terms of the plea agreement, we enforce the waiver and dismiss the appeal. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000) (stating that an appeal waiver is valid when it is entered knowingly and voluntarily); see also United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005) (noting that the changes in sentencing law imposed by United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), did not render waiver of appeal involuntary and unknowing).

Counsel’s…

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